Defence
Our Approach
In today's dynamic Asia-Pacific region, the role of defence businesses in safeguarding regional security is paramount. We understand the complexities involved in navigating this ever-changing legal landscape. Members of our team hold or have held national security clearances and have directly advised government bodies on matters related to defence and security.
Our team of seasoned legal experts possesses a deep understanding of the critical issues facing defence companies operating in the region. We offer strategic guidance and practical solutions to help you navigate complex legal and regulatory environments with confidence.
Our expertise includes advising on issues including:
- National Security and Regulatory Compliance: We help clients navigate complex national security frameworks and ensure compliance with national security regulatory requirements, defence procurement, export controls, foreign investment regulations, and emerging AUKUS-specific legislation.
- Contract Negotiation and Structuring: We draft and negotiate robust contracts with Australian partners, considering information security, national security concerns, anti-corruption laws, and intellectual property protection.
- Intellectual Property Protection: Our IP experts safeguard your proprietary technologies, trade secrets, and patents while navigating national security and stakeholder considerations.
- Competition Law: We ensure compliance with Australian competition laws for teaming agreements and other business practices, leveraging our market-leading anti-trust expertise.
- Employment Law: We advise on navigating Australian employment laws to effectively manage your workforce in Australia.
- Data Privacy and Cybersecurity: We help you comply with data privacy laws and develop robust cybersecurity protocols for sensitive data through Five Eyes, SOC2, ISO 27001 standards.
- Government Procurement and Tenders: Our contracting team guides you through the tendering process for defence contracts, ensuring compliance with procurement regulations.
- Ethical Business Practices and Corporate Social Responsibility: We help you implement robust compliance programs, ethical business practices, and codes of conduct aligned with Australian regulations and your existing standards.
- Native Title Considerations: Our market-leading team assists in navigating Indigenous land rights, conducting due diligence, mitigating Native Title risks, and facilitating meaningful consultation with stakeholders.
Our Experience
Our experience includes:
- Advising the Deputy Prime Minister and Minister for Defence in relation to the Royal Commission into Defence and Veteran Suicide. The Royal Commission aimed to address systemic issues, improve support for mental health among current and former service personnel, and demonstrate government commitment to transparency and accountability.
- Advising Marand Precision Engineering on its joint bid with Rheinmetall relating to the roof module of the Lynx Infantry Fighting Vehicle.
- Advising Marand Precision Engineering on the supply of vertical tails to the global F-35 Joint Strike Fighter Program, including to Lockheed Martin, Boeing and BAE Systems.
- Acting for Bernard Collaery to defend serious criminal charges brought against Bernard Collaery, the former Attorney-General of the Australian Capital Territory, by the Commonwealth Director of Public Prosecutions (Australia’s longest running and most complex national security case).
- Advising ASDAM, Australia’s largest supplier to the F-35 JSF program, RUAG Australia, and TAE Aerospace on a number of acquisitions.
- Advising Jacobs Engineering on contract negotiations with the Commonwealth of Australia (Department of Defence) for project management services regarding maintenance of navy vessels.
- Advising Tenix Defence on project administration and resolution of claims on $200 million contract to upgrade Seahawk helicopters (Project SEA 1405) to equip the Seahawk helicopters with Raytheon's AAQ-27 infra red sensor; Elisra AES-210 ESM system; Northrop Grumman AN/AAR-54(V) Missile Approach Warning System and the BAE Systems ALE-47(V) Counter-Measures Dispensing System.
- Acting for Chemring on a dispute against Commonwealth in the Supreme Court of Victoria relating to latent defects and fitness for the purpose of Flare Countermeasure Infra-red Decoy KC-001 flares.
- Acting for a supplier in the procurement process for the Department of Defence’s program to stand up a cloud capability that will provide the guardrails for multi-vendor hosting, as part of the Department seeking cloud services hosted in Australia to enable current and future military and business operations.
- Advising a US private equity company on the potential acquisition of an Australian-based global ship building company and Australian Defence prime contractor.
- Advising on a service agreement for the provision of Counter-UAS and Counter-Intrusion capabilities and services to the Department of Defence at several Defence sites.
- Advising a Big 4 consulting firm on the ‘OneDefence’ data environment uplift project with the Department of Defence.
- Acting for Anduril Australia on a range of matters in pursuit of a Program of Record contract. This includes drafting licensing and manufacturing arrangements to ensure that IP in components is appropriately transferred to Anduril to enable at scale manufacturing.
Key Contacts
